Clark v. Daniels
Appellate Division of the Supreme Court of the State of New York
. Appeal from Pulton county court. Action by Nelson B. Clark against Lucius Daniels to recover damages against defendant for shooting plaintiff’s dog. The justice of the peace rendered a judgment in plaintiff’s favor for $25 and costs. The county court reversed such judgment, and from that judgment of reversal this appeal is brought.
1Opinion of the CourtParker, P. J.
It appears from the opinion of the county judge that he reversed the justice’s judgment for the reason that the evidence was not sufficient to warrant the conclusion by the jury that the defendant shot the dog. The dog disappeared on November 19, 1896, about 4 o’clock in the afternoon. About half past 4 o’clock on that day, two witnesses testify that they heard a dog snarling in a piece of woods known as “Moot’s Woods,” and but a short distance from where they were at work, and “then came the report of a gun,” and smoke was seen arising at the place from whence the noise came, and immediately…
2Cases cited3 opinions
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
- Halsey v. HartNew York Supreme Court · 1895
- Norton v. Arvernam Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Spears v. SorgeNew York County Court, Steuben County · 1907
- Tower v. BlessingAppellate Division of the Supreme Court of the State of New York · 1900